Sufficient evidence of mental cruelty is necessary for divorce under Hindu Marriage Act, with financial conditions imposed for child support and no permanent alimony due to wife's independence.

JUDGMENT :

K. LAKSHMAN, J.

1. Heard Mr. R. Dheeraj Singh, learned counsel for the Appellant. Despite granting opportunity, there is no representation on behalf of the respondent.

2. Feeling aggrieved and dissatisfied with the order dated 06.07.2017 passed in OP No.426 of 2013 by the Judge, Family Court, City Civil Court, Hyderabad, the appellant filed the present appeal.

3. The appellant – husband filed the aforesaid petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage on the ground of cruelty contending as follows:-

i. His marriage with the respondent – wife was performed on 08.12.2004 at Bhilainagar, Durg, Chattisgarh, as per Hindu rites and customs.

ii. It is an arranged marriage.

iii. They lived happily for two months in Hyderabad where the appellant – husband was working.

iv. In March, 2005, during the stay of parents of the appellant – husband in Hyderabad, respondent – wife behaved in disrespectful manner and quarreled with him unnecessarily compelling him to come home late night hours.

v. Respondent – wife made an allegation against him that he was in illicit relationship with his friend’s wife and also his sister-in-law.

vi. On his demand, she brought back jewellery from Bilaspur and handed over to him.

vii. In summer, 2005, cousin of the appellant came to stay in Hyderabad, during which time, she misbehaved with the appellant, for which, his cousin had to leave the house.

viii. In 2006, when his brother and sister-in-law came to Hyderabad for a week on vacation, respondent -wife misbehaved with them.

ix. In September, 2006, the appellant got job and shifted to U.S.A. Despite repeated requests, she did not stay in the house of her in-laws at Bilaspur and went to her parental house in Bhilai.

x. Respondent – wife joined him in U.S.A in August/September 2007. When he called his friends for lunch, she misbehaved with him and abused him in their presence.

xi. He informed the same to her father who stated that he would send his son to bring back respondent - wife to India.

xii. Respondent – wife stayed in U.S.A for one year with him and became pregnant. Respondent came to India on 25.04.2008 for delivery. Instead of going to Bilaspur, she went to Surat.

xiii. He came to India on 01-09-2008.

xiv. She was blessed with a male child on 02.09.2008. The respondent and her parents did not inform the same to him. He brought his wife and son from Bhilaynagar to Bilaspur where they stayed for three months and later he left for USA.

xv. Despite his objection, she went to back to their parents house and did not return to her conjugal home.

xvi. In August, 2009, he came to India at which time, she came to Bilaspur and behaved in cruel manner with her in-laws by throwing household goods and gifts and abused them.

xvii. On 07.09.2009, respondent went back to her parental house. When petitioner tried to contact her, she did not respond. She threatened him through e-mail and phone demanding money and pressurizing him for divorce stating that she does not want to live with him.

xviii. He gave an amount of Rs.25,000/- per month to her but she demanded him even more.

xix. She threatened him to file criminal cases against him and his family members.

xx. On 16.05.2011, her parents came to his parents house along with child and stayed overnight. She went away along with child after two days.

xxi. On 07.06.2011, she along with her brother and father came to his house in Bilaspur without intimation and tried to conciliate the matter but in vain.

xxii. All the above acts of his wife towards